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PROVISION FOR INCOME TAXES
9 Months Ended
Sep. 30, 2012
Income Tax Disclosure [Abstract]  
PROVISION FOR INCOME TAXES [Text Block]
PROVISION FOR INCOME TAXES:

During the third quarter of 2012, the Company recorded a charge related to SemiSouth of approximately $59.2 million of which the Company recognized a $6.9 million tax benefit, refer to Note 15, Transactions With Third Party, for further details on the Company's impairment charge.
    

In the quarter ended June 30, 2012, the Company reached an understanding regarding the terms for settling with the U.S. Internal Revenue Service ("IRS") and closed out all positions as part of the examination of the Company's income tax returns for the years 2003 through 2006. On August 2, 2012, the IRS signed a formal closing agreement with the Company that is consistent with the intentions of the parties pursuant to their earlier understanding. As a result, the Company re-measured its tax positions based on the facts, circumstances, and information available at June 30, 2012. Further, the agreement confirms that the royalty arrangement between the Company and its foreign subsidiary will conclude on October 31, 2012, resulting in a substantially lower effective tax rate for the Company in future periods.

During the third quarter of 2012 the Company made a one-time payment of taxes and interest totaling $42.6 million. The provision for income tax in the second quarter of 2012 included a one-time charge of $44.8 million, comprising $35.0 million in federal income taxes, net interest of $5.7 million, and state income taxes (including interest) of approximately $4.1 million. The impact of the charge was partially offset by the reversal of $26.9 million of related unrecognized tax benefits that had been recorded as non-current liabilities in the Company's consolidated balance sheets, and by a $2.2 million reduction of the valuation allowance on the Company's California deferred tax assets, resulting in a net charge of $15.7 million.

The Company's effective tax rates for the three- and nine-month periods ended September 30, 2012, were 10.0% and (45.1)% respectively, compared with 32.4% and 24.2% for the corresponding periods in 2011. The unfavorable tax rate for the three and nine month periods ended September 30, 2012, was also associated with the impairment and write-off of certain assets related to SemiSouth and the settlement with the IRS. The write off of certain assets resulted in capital losses which negatively impacted the tax rate. Since there are no foreseeable capital gains in the future the Company has placed a valuation allowance offsetting a deferred tax asset which results in an unfavorable impact on the tax rate. The effective tax rates for the three and nine month periods ended September 30, 2011, were lower than the federal statutory rate of 35% due primarily to the geographic distribution of the Company's world-wide earnings and the beneficial impact of the research and experimentation tax credit.
The amount of liabilities for unrecognized tax benefits (net of the federal benefit on state issues) that, if recognized, would favorably affect the effective income-tax rate in any future period are $10.3 million and $34.9 million at September 30, 2012, and January 1, 2012, respectively. The primary component of the net change is the $26.8 million realization of unrecognized tax benefits due to the agreement described above. The Company's continuing practice is to recognize interest and/or penalties related to income-tax matters in income-tax expense. The Company's unrecognized tax benefit liabilities include interest and penalties at September 30, 2012, and January 1, 2012, of $0.5 million and $4.4 million, respectively, which were recorded in long-term income taxes payable in the accompanying Condensed Consolidated Balance Sheets. Changes in the Company's unrecognized tax benefits over the next twelve months cannot be reasonably estimated at this time.
The Company has concluded all U.S. federal income tax matters for the years through 2006, and the royalty issue for all tax years after 2003.  The fiscal years 2007 through 2009 are also under audit by the IRS.
The Company accounts for income taxes under the provisions of ASC 740. Under the provisions of ASC 740, deferred tax assets and liabilities are recognized based on the differences between the financial statement carrying amounts of existing assets and liabilities and their respective tax bases, utilizing the tax rates that are expected to apply to taxable income in the years in which those temporary differences are expected to be recovered or settled. Income tax expense includes a provision for federal, state and foreign taxes based on the annual estimated effective tax rate applicable to the Company and its subsidiaries, adjusted for certain discrete items which are fully recognized in the period they occur.

In assessing the realizability of deferred tax assets, management considers whether it is more likely than not that some portion or all of the deferred tax assets will not be realized. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the periods in which those temporary differences become deductible. Management considers the scheduled reversal of deferred tax liabilities and projected future taxable income. The Company limits the deferred tax assets recognized related to certain highly-paid officers of the Company to amounts that it estimates will be deductible in future periods based upon the provisions of the Internal Revenue Code Section 162(m). In the event that the Company determines, based on available evidence and management judgment, that all or part of the net deferred tax assets will not be realized in the future, the Company would record a valuation allowance in the period the determination is made. In addition, the calculation of tax liabilities involves significant judgment in estimating the impact of uncertainties in the application of complex tax laws. Resolution of these uncertainties in a manner inconsistent with the Company's expectations could have a material impact on its results of operations and financial position.

As of September 30, 2012, the Company continues to maintain a valuation allowance on a portion of its California deferred tax assets as the Company does not believe that it is more likely than not that the deferred tax assets will be fully realized. The Company also maintains a valuation allowance with respect to certain of its deferred tax assets relating primarily to tax credits in certain non-U.S. jurisdictions and anticipated capital losses, as discussed above.

Determining the consolidated provision for income tax expense, income tax liabilities and deferred tax assets and liabilities involves judgment. The Company calculates and provides for income taxes in each of the tax jurisdictions in which it operates, which involves estimating current tax exposures as well as making judgments regarding the recoverability of deferred tax assets in each jurisdiction. The estimates used could differ from actual results, which may have a significant impact on operating results in future periods.